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The Legal Observer,
DIGEST, AND JOURNAL OF JURISPRUDENCE.
SATURDAY, DECEMBER 25, 1852.
CHANGE OF MINISTRY. with an earnestness and determination that
| afforded the best security for ultimate suc
cess. Whatever may be the disposition or the RETIREMENT OF LORD ST. LEONARDS.
ARDS• competence of his successor, it is hardly to The resignation of Earl Derby's Minis- be expected that he will carry out Lord St. try, and the changes consequent thereupon, Leonards' plans precisely in the spirit in for the present absorb professional as well which they were conceived. as public attention, and suspend the consi- It has long been felt and acknowledged, deration of many topics which only a short that the multiplied and onerous duties, potime since were deemed most urgent and litical, judicial, and administrative, which exciting.
devolve upon the Lord Chancellor, are more Apart from personal or political predilec- than sufficient to overwhelm any man of tions, the removal from the highest offices ordinary ability, industry, and talent. The of Government, connected with the admini- question has been, ever since Lord Hardstration of the law, of the men who have so wicke's day, whether the duties of the recently entered upon the great work as Chancellor could be efficiently discharged yet only partially accomplished-of remo- by any man. That question has been set delling the legal institutions of the country, at rest by Lord St. Leonards. It seems to affords matter for serious and anxious be admitted on all hands that he was equal reflection. The retirement of Lord St. to his work. Leonards at such a juncture can scarcely. It is satisfactory to know that his services fail to be regarded as a public misfor- will not be lost to the country by his retiretune. A combination of circumstances, not ment from office. His experience, decision, requiring enumeration, have now concen- and capacity for business, are sure to be trated public attention upon the practice appreciated in the House of Lords, and and procedure of the Superior Courts to a there can be little doubt that whoever is in degree never before known. Much has office, Lord St. Leonards' views in refer. been done to remove the evils complained ence to all measures introduced into that of, but much more remains to be done. House relating to the law and its adminisRegarding Lord St. Leonards merely as a tration, will have due weight. There is law reformer-irrespective of his views as a some reason to hope, too, that arrangements politician, or his capacity as a Judge—it will be made to secure the benefit of his must be universally conceded that, during Lordship's services permanently and reguhis short tenure of office, he satisfied the larly, upon the hearing of appeals in the Public and the Profession that he felt how Court of ultimate Appeal. Ability of the much was required from him, and evinced highest class is not in such excess in any remarkable aptitude and capability for suc department, that the Public can afford to cessfully surmounting the difficulties he had lose a first-rate judicial mind! to encounter Bold, judicious, and inde- 1 fatigable, he seemed to feel it was his! The division of labour, 80 admirably armission to reduce to order the chaos in ranged by Lord Chancellor Truro, in the apwhich the hasty acts of the last Session of pellate jurisdiction of the Court of Chancery, Parliament had left the practice of the should ever be remembered in the progress of Court of Chancery, and set about the work useful Law Reform.
VOL. XLV. No. 1,-94.
126 Change of Ministry— Retirement of Lord Sl. Leonards.— Taxes on Justice.
We are not yet in a position to announce new, and others are considerably increased. with confidence the legal appointments True it is, that the fees on the trial of under Lord Aberdeen's administration, and causes are materially diminished, but inason this, as on analogous occasions, decline much as 95 actions out of every 100 do to bid for temporary notoriety by mislead- not proceed to trial, the exaction of ining our readers with statements founded creased fees on the preliminary stages and upon vague rumour or idle conjecture. in undefended cases is very oppressive to Whilst any uncertainty exists as to the the suitor. We believe that the following persons composing the New Ministry, it fees are almost all that have been abowould be vain to speculate upon its politics lished :or principles. It is quite clear, however, that whoever may be in or out of office, the course Appearance sec. stat. .
. 2 0 of legal improvement, traced out by the mea
Rule to plead . . sures of the last Session of Parliament, and
Rule to plead several matters
Counsel's signature . since partially carried into effect, must be
Passing record . . . . 7 0 proceeded with. The friends of progressive
Pleading fee . . . . . 7 0 law reform justly attach much importance to Returning venire
3 6 the character of the persons to whom the Distringas . . . . . 12 0 delicate and responsible duty is about to be
On the other hand, the following fees have transferred of controlling and directing the been increased :measures necessary for completing what has been commenced, as well as of originating Writs under 201., from 1s. to. 5 0 and framing such further changes as may Filing affidavits, writs, &c., 1s. to . 2 be found expedient. It is earnestly to be Amending every writ, &c., 6d. to · 2 hoped that measures of this nature may Final judgment (except judgment by continue to be regarded without reference default), 8s. to .
. 100 to party politics, and neither accelerated Taxing bills of costs double the form
mer charge. nor delayed for purposes of personal am
Judges' orders, 3s. to ... . 5 0 bition. Some symptoms have already been manifested amongst the lawyers in Parlia- The following are entirely new fees :ment, of a disposition to distance each other in the race of law reform. This is a species On paying money into Court for of competition which can neither produce sums under 501. . . benefit to the Public nor lasting credit to 50l. and under 1001.
. 100 the individuals engaged in it, and we trust! 1001. and above : hereafter to find it discountenanced by per
Searching for appearances and decla sons in authority, as it will assuredly be
tions, each search
. 06 condemned by the calm judgment of the after the 1st .
| Appearance-fee on each defendant,
. 1 0 country.
Every amendment of proceeding : 20
We understand that the remonstances TAXES ON JUSTICE. against this taxation have been communi
cated to the Treasury, and that the authoCOMMON LAW FEES.
rities there have determined to make no
reduction at present, but to wait the result OUR attention has been called to the l of their receipts at the expiration of six large increase which has taken place in months, when if the amount shall have ex. many of the Common Law Fees of Office. I ceeded the expenditure, they will be willing The scale was settled by the Treasury on to reduce or abolish a proportionate amount the 20th November, approved by the of fees. In the meantime, therefore, the Judges on the 22nd, and published in the Profession must submit to the grievance, Gazette on the 24th. We laid them before and be prepared, when the time arrives, to our readers in the Number for the 27th
suggest the repeal or alteration of such of November.
these imposts as will afford the best relief A correspondent adverts to the congra- to the suitor. It seems that the Treasury, tulations of several of the Judges on the notwithstanding the inclination of Parlia“ great boon” conferred on the public by I ment to throw on the Consolidated Fund the reductiou of fees. We believe that nu- the expense of administering justice, feel merous complaints have been made to the justified in raising an ample amount to Judges and Masters regarding the amount 'defray the compensations and pensions on of these fees,—some of which are entirely the abolition of useless offices, as well as
. 200 Taxes on Justice — Common Law Fees.- Further Orders in Chancery.--New Statutes. 127 the salaries of the officers and clerks who Bar, until some one of them shall accept the perform the present duties. We trust that same. the valuable precedent established under 5. The preceding orders are not to interfere the Act of last Session for the Relief of the with the power of the Court or of the Judge Suitors will be followed after the Recess,
Se sitting at Chambers to direct or transfer a re
ference to any one in particular of the said by petitions to Parliament for further relief
conveyancing counsel, where the circumstances against the oppressive burdens in the Com
of the case may, in his opinion, render it expemon Law Courts.
ST. LEONARDS, C.
FURTHER ORDERS IN CHANCERY.
NOTICE AT THE REGISTRARS' Office.
18th December, 1852. CONVEYANCING COUNSEL. -REFERENCES. | In all cases in which the Courts or either of
the Judges sitting at Chambers shall direct any 16th December, 1852. business to be referred to any of the convey. 1. The business to be referred to the con-ancing counsel the memorandum or minute of veyancing counsel nominated by the Lord such direction, signed by the registrar if the Chancellor under the 15 & 16 Vict. c. 80, s. same shall be given in Court, or by the Judge's 41, is to be distributed among such counsel in chief clerk if given in Chambers, is to be taken rotation by the first clerk to the registrars for by the party prosecuting such direction, or his the time being, and during his occasional or solicitor, to Mr. Metcalfe, at Mr. Walker's necessary absence by the second clerk to the seat, and in Mr. Metcalfe's absence to Mr. registrars for the time being, and during the Merivale, at Mr. Monro's seat, between the occasional or necessary absence of both such hours of 11 and 1 o'clock, who will write the clerks, then by such one of the other clerks to name of the conveyancing counsel in rotation the registrars as the first registrar for the time on such memorandum or minute. being may nominate for that purpose.
2. The clerk making such distribution as aforesaid is to be responsible that the business
NEW STATUTES EFFECTING ALTEis distributed according to regular and just RATIONS IN THE LAW. rotation and in such manner as to keep secret from all persons the rota or succession of con
BANK NOTES. veyancing counsel to whom such business is referred, and it shall be his duty to keep a
16 Vict. c. 2. record of such references with proper indexes, An Act to amend an Act of the First Year of and to enter therein all such references.
King George the Fourth, for the further 3. When the Court, or a Judge sitting at Prevention of forging and counterfeiting Chambers, shall direct any business to be re- Bank Notes. [16th December, 1852.] ferred to any such conveyancing counsel, a
Whereas by an Act passed in the 1st Geo. 4, short memorandum or minute of such direc
EC-it was enacted, that all 'bank notes of the Gotion is to be prepared and signed by the regis- ver trar, if the same shall have been given in
vernor and Company of the Bank of England
!" of the description therein mentioned, whereon Court, or by the Judge's chief clerk if given
the names of the persons intrusted by the goin Chambers, and the party prosecuting such direction, or his sclicitor, is to take such me
hvernor and company to sign the same should morandum or minute to the registrar's clerk,'|
i be impressed by machinery with the authority
of the said governor and company, should be whose duty it shall be to make such distribution as aforesaid, and such clerk is to add at
good and valid: And whereas doubts have
arisen whether the provisions of the said Act the foot thereof a note specifying the name of
are not limited to notes of the particular dethe conveyancing counsel in rotation to whom
scription therein mentioned: Be it therefore such business is to be referred, and such memorandum or minute is to be left by the party
declared and enacted, That all notes, bank prosecuting such direction, or his solicitor,
post bills, and bank bills of exchange of the with such conveyancing counsel, and shall be
said governor and company, whereon the a sufficient authority for him to proceed with
name or names of one of the cashiers of the
said governor and company for the time being, the business so referred. 4. In case the conveyancing counsel in rota-1
or other officer appointed or to be appointed
by the said governor and company in that betion shall from illness or from any other cause
half, shall or may be impressed or affixed by be unable or decline to accept any such reference, the same shall be offered to the other
machinery provided for that purpose by the
said governor and company, and with the conveyancing counsel appointed as aforesaid,
authority of the said governor and company, successively, according to their seniority at the
? The following are the names of the conSee the following notice at the Registrars' veyancing counsel in the order of their seOffice as to the clerk who is to do this duty, niority ;-Mr. Brodie, Mr. Coote, Mr. Hayes, and the time within which it is to be done. Mr. Christie, Mr. Jarman, and Mr. Lewin.
128 New Statutes effecting Alterations in the Law.-Address to Master Farrer. shall be taken to be good and valid to all 1. Whereas the Inclosure Commissioners for intents and purposes as if such notes, bank England and Wales have, in pursuance of post bills, and bank bills of exchange had “The Acts for the Inclosure, Exchange, and been subscribed in the proper handwriting of | Improvement of Land,” issued their provisionsuch cashier or other officer as aforesaid, and al orders for and concerning the proposed inshall be deemed and taken to be bank notes, closures mentioned in the schedule to this bank post bills, and bank bills of exchange Act, and the requisite consents thereto have within the meaning of all laws and statutes been given since the date of their Seventh Anwhatsoever, and shall and may be described nual General Report : And whereas the said as bank notes, bank post bills, and bank bills Commissioners have by a special report certiof exchange respectively in all indictments and fied their opinion that such proposed incloother criminal and civil proceedings whatso- sures would be expedient; but the same canever, any law, statute, or usage to the contrary not be proceeded with without the previous notwithstanding.
authority of Parliament: Be it enacted, That
the said several proposed inclosures mentioned COMMON INCLOSURE,
in the schedule to this Act be proceeded with.
2. And be it enacted, That in citing this Act 16 Vict. c. 3.
in other acts of Parliament, and in legal inAn Act to authorise the Inclosure of certain struments, it shall be sufficient to use either
Lands in pursuance of a Special Report of the expression, “The Second Annual Inthe Inclosure Commissioners for England closure Act, 1852,” or “ The Acts for the Inand Wales.
[16th Dec. 1852.] closure, Exchange, and Improvement of Land.”
SCHEDULE TO WHICH THIS ACT REFERS.
DATE OF PROVISIONAL ORDER.
Brampton and Shilton
Oxford and Berks . Homanton .
Wilts . Hareshaw Common.
. Northumberland . Beedon Common
Berks Wigginton .
Hertford : Broadhalfpenny Down
Southampton. Snetterton .
Norfolk Morestead Down
Southampton. Watford Field .
Hertford Great Marlow.
Bucks . . Osehill Common
Dorset . . Magor
Monmouth. Undy . .
Monmouth . Eaton Bray ..
Bedford Waitby Common
Westmoreland Kirkby Stephen Common Westmoreland Llanllugan Manor
Montgomery. Clayton .
Sussex . . Acklam Wold. .
York . . Haughton .
Chester . Ditton Common . . Kent . High Oak Common
Hertford Musley Common
• Oxford ..
23rd January, 1852. 19th February, 1852. 23rd January, 1852. 23rd March, 1852. 23rd March, 1852. 18th June, 1851. 28th August, 1851. 20th April, 1852. 12th July, 1852. 14th May, 1852. 2nd July, 1852. 2nd July, 1852. 2nd July, 1852. 12th July, 1852. 2nd July, 1852. 2nd July, 1852. 7th May, 1852. 7th May, 1852. 20th April, 1852. 2nd July, 1852. 2nd July, 1852. 4th October, 1852. 4th October, 1852. 4th October, 1852. 24th June, 1852.
24th June, 1852.
ADDRESS TO MASTER FARRER. your services to the suitor, and your uniform
kindness and attention to the practitioners have London, August, 1852.
lled them to entertain. To JAMES W. FARRER, Esq., MASTER IN
Gregory, Faulkner, and Co. The undersigned Solicitors desire, upon
Coverdale, Lee, and Purvis
Thomas Kennedy your retirement from office under the Masters' Abolition Act, to express the deep feeling of
Tatham, Upton, Upton, and Johnson
Lyon, Barnes, and Ellis respect and gratitude which their experience of
Clowes, Wedlake, and Co.
Address to Master Farrer.--- Alterations in the Law. R. M. and F. Lowe
Assure the parties whose names are attached Chilton, Burton, and Johnson
to it, of the real gratification it gives me. I Taylor and Collisson
look upon it, not alone as their expression of Norris, Allen, and Simpson
feeling towards me, but as proof that a similar Sudlow, Torr, and Janeway
kind feeling exists in the Profession in general Sharp, Field, and Jackson
towards your obedient and faithful servant, Clayton, Cookson, and Wainewright
(Signed) J. W. FARRER. Sidney Beisly
William Shaen, Esq., Secretary to the MetroFew and Co.
politan and Provincial Law Association. Wright and Kingsford Keightley, Cunliffe, and Beaumont Capes and Stuart
We have delayed the insertion of this TestiThomas White and Sons
monial, expecting to receive the names of other Hume, Bird, and Hume
solicitors who were desirous of showing their G. Bower
respect to the late Senior Master of the Court Tilson, Clarke, and Morice Nicholas Gedye
of Chancery on his retirement. Many of them Roumieu, Walters, and Co.
were the more anxious to express their sentiMeredith, Reeve, and Co.
ments, both of regard and respect, from the Tatham and Son
recollection that several members of the MasPalmer, France, and Palmer Thomas Holme Bower
ter's family had been in the last age, and others Leonard Hicks, Gray's Inn
still are, eminent for their station and high L. H. Hicks, Gray's Inn
character in that branch of the Profession to Young and Vallings, St. Mildred's Court
which the solicitors belong. The additional Tucker and Sons Charles Druce and Sons
names will be published as soon as received. Desborough, Young, and Desborough Walker, Grant, and Co.
ALTERATIONS IN THE LAW.
To the Editor of the Legal Observer.
SIR,—There is an old adage that nothing is Brooksbank and Farn, Gray's Inn
cheap that you do not want,-how strangely Baxter and Somerville, 48, Linc. Inn Fields may a few syllables be applied. In a reverie, Willan and Stevenson, 35, Bedford Row into which I was thrown by the heterogeneous Tooke, Son, and Hallowes, 39, Bedford Row mass of “Amendment of Procedure” and
“ Improvement of Jurisdiction” which has Metropolitan and Provincial Law Association,
| lately been thrust upon the English Courts of
Justice, it seemed to me that the great lexi8, Bedford Row, 31st August, 1852.
cographer's description of a patron as one who J. W. FARRER, Esq.
encumbers with help when it is not required, SIR-I have the honour to forward to you may be as appropriately applied to a legislature the accompanying testimonial, in accordance which attempts to assist an operation which it with the request of the gentlemen who have will not take the trouble to understand. Now, signed it, and am, sir, your obedient servant, sir, under this category we may append our (or
WILLIAM SHAEN, Secretary. rather their) recent improvement of jurisdiction The following is the Master's answer to and procedure amendment. We live in an the Address :
age of statistics, and therefore details have now
become objects of interest which would in John Street, Berkeley Square, former times have remained secret because of
1st September, 1852. the difficulty of the uninitiated appreciating SIR,~I thank you for your letter, which I their mysteries. Certain animals are endowed received last night.
with faculties which enable them to endure the The expression of feeling towards me, signed pecularities of their respective elements. The py 80 many of the most experienced and lead-lawyer is here within the pale of analogy, aling practitioners in the Masters' offices, which though the society in which he lives may not I encloses, is most gratifying, especially under enable him to become (or to be tolerated if he the circumstances which have led to the abo
should become) a Solon or Lycurgus, but cerhtion of the office of Master in Chancery.
|tainly it is to be regretted that so few of the Upon my appointment in 1824, by Lord Profession
Profession think it worth while to raise their Chancellor ́Eldon, I determined to do my
voices against the absurd nonentities that are utmost to gain the confidence of the Profes foisted upon the country as amendments and
This is a duty • Whether I had succeeded was in doubt, Jimprovements of the law. until I received the document forwarded by
I which appertains not so much to the Bar as to you. That document justifies me in indulging
that branch of the Profession whose avocations in the very satisfactory conclusion that I have mo
more immediately bring them in contact with succeeded.
the operation of the laws. Without desiring